Sujit Narayan Prasad,J. - (1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 08.06.2018 passed in Title Suit No.59 of 2003 by which the petition filed under Order VII Rule 11 of the Code of Civil Procedure has been rejected, is under challenge.
(2.) The brief facts of the case of the petitioner as per the pleadings made in the writ petition is that a suit has been filed being Title Suit No.59 of 2003 wherein the plaintiffs to the suit stated that they were the tenant of defendant of one standing room of revisional survey plot No.58 of Khata No.130 corresponding to portion of Municipal Holding No.66 within new ward No.27 situated at Hinoo on a rent of Rs.600/- per month. The petitioner/defendant took a sum of Rs.25,000/- as security money from the plaintiff with an undertaking to return the same at the time when the plaintiff/respondent would vacate the premises and deliver the possession to the petitioner. Further, the petitioner several times took friendly loan from the respondent, lastly on 15.04.2000 the petitioner took a loan of Rs.20,000/- for the performance of the marriage of his sister and executed an agreement in favour of the plaintiff to pay the same within one year and the said agreement has been misutilized by the plaintiff by filing a suit for specific performance of the agreement dated 15.04.2000.
(3.) The defendant has appeared and filed written statement denying the averment made in the plaint.;